Bill Text: WV SB467 | 2023 | Regular Session | Comm Sub
Bill Title: Providing county commissioners ongoing mechanism to consider compensation increases for elected officials every two years
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-03-11 - On 1st reading, House Calendar [SB467 Detail]
Download: West_Virginia-2023-SB467-Comm_Sub.html
WEST virginia legislature
2023 regular session
Committee Substitute
for
Senate Bill 467
By Senators Woodrum and Deeds
[Originating in the Committee on Government Organization; reported on February 10, 2023]
A BILL to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to providing county commissioners an ongoing mechanism to consider compensation increases for elected officials every two years.
Be it enacted by the Legislature of West Virginia:
article 7. compensation of elected county officials.
§7-7-4. Compensation of elected county officials and county commissioners for each class of county; effective date.
(1) (a) The increased base salaries to be paid to the county commissioners and the other elected county officials described in this section on and after July 1, 2014, and on and after July 1, 2022, are set out in subsections (5) (b) and (7) (d) of this section. Every county commissioner and elected county official in each county, whose term of office commenced prior to or on or after July 1, 2014, shall receive the same annual salary by virtue of legislative findings of extra duties as set forth in §7-7-1 of this code.
(2) Before the increased salaries, as set out in subsections (5) and (7) of this section, are paid to the county commissioners and the elected county officials, the following requirements must be met:
(A) The Auditor has certified that the fiscal condition of the county, considering costs, revenues, liabilities and significant trends of the same; maintenance standards; and the commitment to the provision of county services has sufficiently improved over the previous fiscal years so that there exists an amount sufficient for the payment of the increase in the salaries set out in subsections (5) and (7) of this section and the related employment taxes: Provided, That the Auditor may not provide the certification for the payment of the increase in the salaries where any proposed annual county budget contains anticipated receipts which are unreasonably greater or lesser than that of the previous year. For purposes of this subsection, the term "receipts" does not include unencumbered fund balance or federal or state grants: Provided, however, That the Auditor shall not be held liable for relying upon information and data provided by a county commission in assessing the county's fiscal condition or a proposed annual county budget; and
(B) Each county commissioner or other elected official described in this section in office on the effective date of the increased salaries provided by this section who desires to receive the increased salary shall have prior to that date filed in the office of the clerk of the county commission his or her written request for the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this section who fails to file the written request as required by this paragraph shall be the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this section until the person vacates the office or his or her term of office expires, whichever first occurs.
Any request for a salary increase shall use the following language:
I, [name of office holder], the duly elected [name of office] in and for the County of [name of county], West Virginia, do hereby request a salary increase pursuant to W. Va. Code §7-7-4, as amended. This salary increase is effective July 1, 2014.
[Signature of office holder]
[Date]
(3) If the Auditor has failed to certify that there is an amount sufficient for the payment of the increase in the salaries and the related employment taxes pursuant to this section, then the salaries of that county's elected officials and commissioners shall remain at the level in effect at the time certification was sought.
(4) In any county having a tribunal in lieu of a county commission, the county commissioners of that county may be paid less than the minimum salary limits of the county commission for that particular class of the county
(5) (b) Prior to July 1, 2014:
COUNTY COMMISSIONERS BASE SALARIES
Class I $36,960
Class II $36,300
Class III $35,640
Class IV $34,980
Class V $34,320
Class VI $28,380
Class VII $27,720
Class VIII $25,080
Class IX $24,420
Class X $19,800
After June 30, 2014:
COUNTY COMMISSIONERS BASE SALARIES
Class I $41,395
Class II $40,656
Class III $39,917
Class IV $39,178
Class V $38,438
Class VI $31,786
Class VII $31,046
Class VIII $28,090
Class IX $27,350
Class X $22,176
After June 30, 2022:
COUNTY COMMISSIONERS BASE SALARIES
Class I $45,535
Class II $44,722
Class III $43,909
Class IV $43,096
Class V $42,282
Class VI $34,965
Class VII $34,151
Class VIII $30,899
Class IX $30,085
Class X $24,394
(6) (c) For the purpose of determining the base salaries to be paid to the elected county officials of each county, the base salaries for each county office by class, set out in subsection (7) (d) of this section, are established and shall be used by each county commission in determining the base salaries of each of their county officials other than salaries of members of the county commission.
(7) (d) Prior to July 1, 2014:
OTHER ELECTED OFFICIALS BASE SALARIES
County Circuit County Prosecuting
Sheriff Clerk Clerk Assessor Attorney
Class I $44,880 $55,440 $55,440 $44,880 $ 96,600
Class II $44,220 $54,780 $54,780 $44,220 $ 94,400
Class III $43,890 $53,460 $53,460 $43,890 $ 92,200
Class IV $43,560 $53,154 $53,154 $43,560 $ 90,000
Class V $43,230 $52,800 $52,800 $43,230 $ 87,800
Class VI $42,900 $49,500 $49,500 $42,900 $ 59,400
Class VII $42,570 $48,840 $48,840 $42,570 $ 56,760
Class VIII $42,240 $48,180 $48,180 $42,240 $ 54,120
Class IX $41,910 $47,520 $47,520 $41,910 $ 50,160
Class X $38,280 $42,240 $42,240 $38,280 $ 46,200
After June 30, 2014:
OTHER ELECTED OFFICIALS BASE SALARIES
County Circuit County Prosecuting
Sheriff Clerk Clerk Assessor Attorney
Class I $50,266 $62,093 $62,093 $50,266 $108,192
Class II $49,526 $61,354 $61,354 $49,526 $105,728
Class III $49,157 $59,875 $59,875 $49,157 $103,264
Class IV $48,787 $59,532 $59,532 $48,787 $100,800
Class V $48,418 $59,136 $59,136 $48,418 $98,336
Class VI $48,048 $55,440 $55,440 $48,048 $66,528
Class VII $47,678 $54,701 $54,701 $47,678 $63,571
Class VIII $47,309 $53,962 $53,962 $47,309 $60,614
Class IX $46,939 $53,222 $53,222 $46,939 $56,179
Class X $42,874 $47,309 $47,309 $42,874 $51,744
After June 30, 2022:
OTHER ELECTED OFFICIALS BASE SALARIES
Sheriff County Clerk Circuit Clerk Assessor Prosecuting Attorney
Class I $56,793 $68,302 $68,302 $56,793 $119,011
Class II $55,979 $67,489 $67,489 $55,979 $116,301
Class III $55,573 $65,863 $65,863 $55,573 $113,590
Class IV $55,166 $65,485 $65,485 $55,166 $110,880
Class V $54,760 $65,050 $65,050 $54,760 $108,170
Class VI $54,353 $60,984 $60,984 $53,853 $73,181
Class VII $53,946 $60,171 $60,171 $53,446 $69,928
Class VIII $53,540 $59,358 $59,358 $52,940 $66,675
Class IX $53,133 $58,544 $58,544 $52,533 $61,797
Class X $48,661 $52,040 $52,040 $47,811 $56,918
(8) (e) Any county clerk, circuit clerk, county assessor, prosecuting attorney, or sheriff of a Class I through Class V county, inclusive, any assessor or any sheriff of a Class VI through Class IX county, inclusive, shall devote full time to his or her public duties to the exclusion of any other employment: Provided, That any public official whose term of office begins when his or her county’s classification imposes no restriction on his or her outside activities may not be restricted on his or her outside activities during the remainder of the term for which he or she is elected.
(f) On March 1, 2024, and on March 1 of each second year thereafter, the county commission of each county shall review the annual Consumer Price Index published by the United States Department of Commerce and determine if the proposed annual county budget for the fiscal year beginning July 1, 2024, or of the upcoming fiscal year, has increased over the previous fiscal year in an amount sufficient for the payment of an increase in the salaries and the related employment taxes of the county commissioners and other elected county officials in an amount up to the increase in the Consumer Price Index over the prior two years.
(g) If the proposed annual county budget for the fiscal year beginning July 1, 2024, or of the upcoming fiscal year, has increased over the previous fiscal year in an amount sufficient for the payment of an increase in the salaries and the related employment taxes of the county commissioner and other elected county officials in an amount up to the increase in the Consumer Price Index, then the county commission may fix the salary of the county commissioners and the other elected county officials at an annual rate of salary to which the county official is entitled pursuant to the salary schedule contained in this section including an increase up to the increase in the Consumer Price Index, as determined by the county commission.
(h) Before the increased salaries are paid to the county commissioners and the elected county officials, the following requirement must be met:
(1) Each county commissioner or other elected official described in this section in office on the effective date of the increased salaries provided by this section who desires to receive the increased salary has prior to that date filed in the office of the clerk of the county commission his or her written agreement to accept the salary increase. The salary for the person who holds the office of county commissioner or other elected official described in this section who fails to file the written agreement as required by this subsection is the salary for that office in effect immediately prior to the effective date of the increased salaries provided by this section until the person vacates the office or his or her term of office expires, whichever first occurs.
(2) Any request for a salary increase shall use the following language:
"I [name of office holder], the duly elected [name of office] in and for the County of [name of county], West Virginia, do hereby request a salary increase pursuant to W. Va. Code §7-7-4, as amended. This salary increase is effective July 1, [year]."
[Signature of office holder]
[Date]
(i) If there is an insufficient projected increase in revenues to pay the increased salaries and the related employment taxes, the salaries of that county’s elected officials and commissioners shall remain at the level in effect at the time the review of the Consumer Price Index and the budget for the upcoming fiscal year was conducted.
